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  • Johnson v. State

    Publication Date: 2012-01-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S11A1327

    The defendant's motion in arrest of jud was untimely because he did not file it during the term of court in which the trial court entered the jud

  • Fullwood v. State

    Publication Date: 2012-01-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: J. Scott Key, McDonough, and Sarah L. Gerwig-Moore Mercer Law School, Macon, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Henry O. Jones III, Assistant District Attorney, Cordele, for appellee.
    Case Number: S11A1725

    The trial court never informed the defendant that he had a right to counsel during his 1988 plea he

  • Hendricks v. State

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Veronica E. Brinson, Macon, for appellant. Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, Cordele, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0833

    Under the doctrine of transferred intent and the facts of the case, whether the defendant intended to shoot the injured victims or only the murder victim was irrel

  • Higgenbottom v. State

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: David J. Dunn Jr., Ringgold, for appellant. Herbert E. Franklin Jr., District Attorney, Alan C. Norton, Assistant District Attorney, LaFayette, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0948

    Although the 30-month delay between the defendant's arrest and the filing of his motion to dismiss was presumptively prejudicial, the trial court did not abuse its discretion in balancing the Barker

  • Cloud v. State

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Bernard S. Brody and Page A. Pate Pate & Brody LLP, Atlanta, for appellant. Thomas C. Earnest, District Attorney, Cuthbert, Ronald S. Smith, Chief Assistant District Attorney, Dawson, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0927

    The trial court did not clearly err in refusing the defendant's request to introduce evidence of the victims' prior acts of violence against third parties, as he did not meet his burden of showing

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  • Sapp v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Jerry M. Daniel, Waynesboro, for appellant. Ashley Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0964

    The Court vacated the defendant's separate conviction and sentence for criminal attempt to possess cocaine, as he could not be sentenced on both felony murder and the underlying felony when found gu

  • Williams v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Sarina J. Woods Public Defender's Office, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0727

    Under the circumstances, the approximately 4-year delay between the defendant's indictment and the denial of his motion to dismiss did not violate the defendant's constitutional speedy trial r

  • Harris f/n/a Snelgrove v. Snelgrove

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Hylton B. Dupree Jr. and Blake R. Carl Dupree & Kimbrough LLP, Marietta, for appellant. Brad E. MacDonald, Vic B. Hill Hill-MacDonald LLC, Linda W. Gettle, F. Marian Weeks and Michael J. Kramer, Marietta, for appellee.
    for defendant:
    Case Number: S11F0892

    Clear and convincing evidence of parental unfitness supported the trial court's award of custody of the parties' minor child to his paternal grandpa

  • Simmons v. Norton

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Byron D. Watson, Valdosta, for appellants. Walter G. Elliott II Elliott, Blackburn & Gooding PC, Valdosta, for appellees.
    for defendant:
    Case Number: S11A1061

    The caveators failed to show that the will was the product of undue influence on the part of the exe

  • Williams v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Sarina J. Woods Public Defender's Office, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0727

    Under the circumstances, the more than 4-year delay between the defendant's indictment and the denial of his motion to dismiss did not violate the defendant's constitutional speedy trial r